Whilst immigration policy is a highly controversial topic in the West, states continue to receive people who settle, whether as asylum-seekers or refugees, or as family members of existing migrants or labour migrants. Many who move violate the immigration rules either in entering a country or staying beyond the time allowed. The problems illegality entails for migrants shape much of the law and society scholarship in this area and this volume brings together the key articles which shape current thinking. The main topics covered include illegality, mercy and the language of deservingness; transnationality; family and identity; refugees and asylum-seekers.
'…succeeds in gathering together some of the best scholarly articles on law, society and migration…providing a thorough and thematically wide-ranging discussion of major issues in the study of migration regulation and law.. It represents an excellent place for students or academics seeking an overview of these issues to begin and should therefore be seen as a valuable contribution to research on both law and migration studies.' The Maghreb Review
Contents: Series preface; Introduction. Part I Illegality, Mercy and the Language of Deservingness: Opposing Prop. 187: undocumented immigrants and the national imagination, Linda Bosniak; Immigration, law and marginalization in a global economy: notes from Spain, Kitty Calavita; Implications of 'third party' involvement in enforcement: the INS, illegal travelers and international airlines, Janet A. Gilboy; Inside illegality: migration policing in South Africa after apartheid, Jonathan Klaaren and Jaya Ramji ; US immigration reform and the meaning of responsibility, Kathleen M. Moore; The strange career of the illegal alien: immigration restriction and deportation policy in the United States 1921-1965, Mae M. Ngai; When states prefer non-citizens over citizens: conflict over illegal immigration into Malaysia, Kamal Sadiq. Part II Transnationality: Between national and post-national: membership in the United states, T. Alexander Aleinikoff; Cultural logics of belonging and movement: transnationalism, naturalization and US immigration politics, Susan Bibler Coutin); The constitution of a European immigration policy domain: a political sociology approach, Virginie Giraudon. Part III Family and Identity: Who is a homosexual?: the consolidation of sexual identities in mid-20th century American immigration law, Margot Canaday; The limits of citizenship: migration, sex discrimination and same-sex partners in EU law, R. Amy Elman; Inequality near and far: adoption as seen from the Brazilian favelas, Claudia Fonseca; Tender ties: husbands' rights and racial exclusion in Chinese marriage cases 1882-1924, Todd Stevens; Placing the 'gift child' in transnational adoption, Barbara Yngvesson. Part IV Refugees and Asylum-Seekers: Minors or aliens? Inconsistent state intervention and separated child asylum-seekers, Jacqueline Bhabha; Dissident voices: refugees, human rights and asylum in Europe, Colin J. Harvey; Reflections on the Tampa 'crisis', Robert Manne; The complexity of